A man who carried out a vicious assault in an Aberdeen bar claimed he did it because the victim touched his bum.
Sean Donaldson shoved the man at the bar in Cheerz Nightclub and then punched him twice to the face.
The 27-year-old’s victim initially did not want to make a fuss so did not seek medical treatment, but after he experienced numbness in his face attended hospital.
It was discovered he had a displaced fracture of his left cheekbone which required surgery and the insertion of a metal plate.
The incident happened around 1am on September 8 last year.
Donaldson pled guilty to a charge of assault to severe injury over the attack in August and sentence was deferred for reports.
But when it emerged that Donaldson had told the social worker preparing the report that he assaulted the man because he had sexually assaulted him, touching his bum and testicles, a hearing known as a proof of mitigation was fixed.
During the hearing, Donaldson himself took to the witness stand and was questioned by fiscal depute Christy Ward. She said: “By your account, he just started feeling your bum?”
Donaldson replied: “Yes.”
Ms Ward said: “He grabbed your bum four times and that’s when he grabbed your testicles?”
Donaldson again replied “yes” and the fiscal went on: “You didn’t tell the police that’s what happened.”
The accused said: “They never asked me any questions about it.”
Evidence was also given by Donaldson’s victim via video link.
Ms Ward asked him: “Do you think that you did anything that might have caused him to hit you?”
The man replied: “Not that I’m aware of apart from having a conversation with him.”
Asked if there had been any physical contact before Donaldson hit him, the man said: “No.”
Ms Ward said: “If it was put to you you grabbed his bottom, what would you say to that?”
He replied: “I didn’t grab his bottom.”
The fiscal went on: “If it was put to you you grabbed his testicles, what would you say?”
He said: “I did not grab his testicles.”
Defence agent Alex Burn asked the witness if the grabbing did not take place, or if he did not remember it taking place. He replied: “I do not remember touching his bottom or testicles.”
Mr Burn said: “I’m suggesting that’d exactly what happened.”
The man replied: “I’m telling you that’s not what happened. It’s not something that I would do.”
Discussing why the complainer did not contact the police about the assault immediately, Mr Burn said: “Could I suggest that’s because your sexual assault on the person who struck you may come to light?”
The man replied: “No. That is completely incorrect.”
Sheriff William Summers deferred the case further until tomorrow to give him time to consider the matter.
Donaldson, a prisoner of HMP Grampian, was remanded in custody in the meantime.
Fiscal depute Katy Begg previously told Aberdeen Sheriff Court: “Without warning the accused pushed the complainer with both hands, causing him to stumble.
“The accused punched him twice to the face.”
A member of staff then managed to reach over the bar and pull Donaldson back by his shoulders.
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